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🗓️ 23 January 2025
⏱️ 47 minutes
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There is understandable frustration at the failure to release volume 2 of the Smith Report dealing with the Mar-A-Lago documents case, but we are able to construct strong surmises about what is in that volume based on already available material. Harry checks in again with Marcy Wheeler, whose blog, emptywheel.net, consistently presents the most in-depth and comprehensive accounts of the public record. Through a methodical scrutiny of documents that have come to light in various ways – including a FOIA request from Donald Trump that produced 60 important emails and other documentary records – we can make a detailed sketch of much of the information that Smith likely passed along to Merrick Garland. Critically, some of the information bears on the qualifications for FBI director of Kash Patel, who asserted the 5th Amendment when called to testify about his claim that Trump had declassified the records he took away. Listeners’ alert: some of the discussion is fairly microscopic but that’s because some of the known information is quite detailed.
Read Marcy's blog: https://www.emptywheel.net/2025/01/19/found-dozens-of-damning-documents-about-trumps-hoarding-of-classified-documents/
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0:00.0 | Welcome to Talking Fed's One-on-One, One, Deep Dive Discussions with National Figures about the most fascinating and consequential issues defining our culture and shaping our lives. |
0:20.0 | I'm your host, Harry Littman. Welcome to another |
0:23.7 | talking feds one-on-one. I'm always pleased when I can welcome the indomitable, the inimitable |
0:31.1 | Marcy Wheeler, who famously writes at Empty Wheel and is an American independent journalist specializing in national security |
0:40.9 | and civil liberties. She has also published in many outlets, including the New Republic, |
0:47.9 | motherboard, and appears frequently on television and radio, and is the author of Anatomy of Deceit, a primer on the CIA leak investigation. |
0:57.8 | But I'm especially pleased to welcome her today. We are all of us on the day before the |
1:04.6 | inauguration of Donald Trump, frustrated and chagrined at the apparent vacuum of information about Jack Smith's |
1:12.8 | findings in the Mara Lago case, what is volume 2, but that hasn't been released to the public. |
1:19.6 | And it's certainly true that our knowledge is spotty and incomplete. |
1:23.8 | However, it's not the case that it's barren. |
1:26.8 | And here's where Marcy comes to the rescue, as she has done before, to dig deep into the evidence and explain what it tells us about what volume two will really include if and when it's released. And more generally, what the public record already reveals about the documents case |
1:46.0 | itself, which was true, as you'll remember, for volume one, when we already had such a wealth |
1:52.1 | of information, especially from the October filing that Smith had given to Judge Chutkin. |
1:59.1 | So, Marcy Willer, thanks as always for joining. Good to be on. |
2:03.7 | I want to just start because your blog and everyone if you want, you can follow along, |
2:09.0 | Marcy's entry at Empty Wheel Net is necessarily elliptical. And we talk about this and we talk about about that so just to sort of situate it in the |
2:20.9 | overall sweep of the case which begins the day the morning really when he's leaving the White |
2:27.7 | House and goes through a long period of kind of bobbing and weaving that eventually gives way to obstruction, |
2:37.6 | subpoena search, and patent obstruction, the charges recall everyone there for, that he, |
2:45.0 | not that he took, but he willfully retained national defense information, that he |
2:50.6 | conspired to obstruct with |
... |
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